The Water Rights Handbook for Colorado Conservation Professionals presents expert information on water rights with regard to conservation transactions. From the most fundamental principles of water law, to conducting due diligence investigations on water rights, appraising water rights for conservation easements, drafting conservation easement deeds to include water rights, carrying out water rights stewardship, and protecting instream flows. The Water Rights Handbook explains how to deal with water rights critical to the conservation values targeted in conservation transactions.
Written and reviewed by experienced water and conservation attorneys, engineers, and appraisers, theWater Rights Handbook provides essential information for land conservation professionals to sensibly evaluate, encumber, and protect the water resources necessary to preserve conservation values and to meet federal and state legal requirements for conservation easements.
Published by the Colorado Water Trust. The Colorado Water Trust published this Revised Edition to assist conservation professionals with recognizing the importance of water rights in their conservation work and becoming proficient in dealing with complex conservation issues involving water rights.
In this book, the authors explain:
The relationship between water and land conservation values.
The use of water rights for conservation purposes.
Basic principles of water law for conservation easements.
Types of surface and underground water rights.
Due diligence investigations for water rights.
When water rights require a separate appraisal.
The valuation methods used by water rights appraisers.
How to encumber water rights in a conservation easement.
Model water rights language for a conservation easement.
How to close a conservation easement with water rights.
Ongoing water rights stewardship responsibilities of land trusts.
Introduction Chapter 1: The Relationship Between Water and Land Chapter 2: Principles of Colorado Water Law Chapter 3: Water Right Due Diligence Investigations Chapter 4: Baseline Water Inventory Chapter 5: Appraising Water Rights Chapter 6: Model Language for the Conservation Easement Chapter 7: Closing Chapter 8: Stewardship Chapter 9: Instream Flow Protection
Chapter 10: Conclusion
Peter D. Nichols is an attorney with Trout, Raley, Montaño, Witwer & Freeman, P.C., practicing water, environmental, and related law. He is a leader in adapting legal mechanisms, such as conservation easements, to protect water for conservation purposes. Peter is also a published scholar on conservation easements, water and growth, and water quality issues. Peter is past president of the Colorado Water Congress. He earned a J.D. from the University of Colorado Law School, and holds an M.P.A. from the University of Colorado and a B.A. from The Colorado College.
Michael F. Browning is a practicing water and real estate attorney with the Boulder, Colorado-based law firm of Porzak Browning & Bushong LLP. He grew up in Montana and obtained his bachelor’s degree from the University of Montana and his law degree from Yale Law School. Michael was a partner in the Denver-based firm of Holme Roberts & Owen for many years before starting his own firm. His practice includes representation of private and public water users throughout the State of Colorado. Michael is also a frequent speaker on water and conservation easements. He co-founded the Colorado Water Trust in 2001 and continues to serve as its president and as chair of its Legal Committee.
Kenneth R. Wright, P.E. graduated from the University of Wisconsin-Madison (UW-Madison) with a B.S. degree in civil and environmental engineering and a B.B.A. degree in business. He received a master’s degree in civil engineering from UW-Madison. Kenneth serves as chief engineer and chief financial officer of Wright Water Engineers, Inc. (WWE) of Denver, a company he founded in 1961. He is a registered professional engineer in 13 states, and a Licensed Appraiser in the State of Colorado. WWE’s practice includes agricultural and irrigation engineering, hydrology, water rights, water supply, groundwater studies, monitoring and wells, flood control and drainage, water rights appraisals, dams, pollution management, and permitting.
Patricia Flood is a senior consultant with Wright Water Engineers, Inc. She is a registered professional engineer in Colorado, and has held a Certified General Appraiser certification in Colorado since 1995. Patricia has a B.S. degree from the University of Kansas and graduate studies in water resources at the University of Colorado. In addition to her water rights work and appraisal work, she performs all phases of water system and drainage design from the preliminary planning stage through construction administration. Patricia co-authored chapters “Water Rights of the 50 States and Territories” and “Summary of Water Rights Law in the 31 Eastern States” for the American Water Works Association (AWWA) Manuals on the same subjects.
Mark S. Weston is a principal in the real estate consulting and appraisal firm Hunsperger & Weston, Ltd. in Greenwood Village, Colorado. Mark has 20 years of experience as an independent real estate appraiser, with special focus on valuation of and counseling related to conservation easements encumbering private land, mostly in the western United States. He is a regular speaker and instructor at the Land Trust Alliance National Rally, Southwest Regional Conservation Organization conferences, and Colorado Coalition of Land Trusts conferences. Mark was also a contributing author for Appraising Easements: Guidelines for Valuation of Land Conservation and Historic Preservation Easements. Mark holds a B.A. from The Colorado College in English Literature and an M.A. from the University of Denver in Librarianship and Information Science.
Format: 7x10" Softcover Copyright: 2011 Pages: 148 ISBN: 1-932779-83-7 Publisher: Colorado Water Trust and Bradford Publishing Co.
